ferpa disclosure definition

(a) Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. (e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing. Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. §99.33 What limitations apply to the redisclosure of information? What is directory information? (c) Sexual Assault With An Object. (5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically—, (A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and. (i) Designate the individual or entity as an authorized representative; (A) The personally identifiable information from education records to be disclosed; (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those programs; and. (c) When a disclosure is made under paragraph (a) of this section: (1) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? §99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? (d) If the Office finds that a third party outside of an educational agency or institution has not complied with the provisions of §99.31(a)(6)(iii)(B) or has improperly redisclosed personally identifiable information from education records in violation of §99.33, the Office's notice of findings issued under paragraph (b) of this section—, (1) Includes a statement of the specific steps that the third party outside of the educational agency or institution must take to comply; and. §99.39 What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses? 34 CFR 303.402 and 303.460 identify the confidentiality of information requirements regarding children and infants and toddlers with disabilities and their families who receive evaluations, services, or other benefits under Part C of IDEA. (ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution. (b) A postsecondary institution does not have to permit a student to inspect and review education records that are: (1) Financial records, including any information those records contain, of his or her parents; (2) Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and. (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8. If another recipient of Department funds under any program administered by the Secretary or a third party to which personally identifiable information from education records has been non-consensually disclosed determines that it cannot comply with the Act or this part due to a conflict with State or local law, it also must notify the Office within 45 days, giving the text and citation of the conflicting law. [73 FR 74855, Dec. 9, 2008, as amended at 76 FR 75643, Dec. 2, 2011]. An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. how disclosure of a student's school records is authorized by the parent or student The principle presumption of FERPA’s privacy provisions is that the parents have the right to review their child’s education records, including health-related information contained in the education record. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement in paragraph (a)(1)(i)(A) of this section. (iii)(A) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff. §99.66 What are the responsibilities of the Office in the enforcement process? The written notice—, (1) Includes the substance of the allegations against the educational agency or institution, other recipient, or third party; and. The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, is a federal law designed to protect the privacy of educational records. §99.35 What conditions apply to disclosure of information for Federal or State program purposes? (a) If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. (e) The educational agency or institution, or SEA or its component shall not destroy any education records if there is an outstanding request to inspect and review the records under this section. 1232g (f) and (g), 1234), [53 FR 11943, Apr. To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words or other conduct, or both, but without displaying a weapon or subjecting the victim to actual physical attack. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. The term includes, but is not limited to—. (2) Are provided to students attending the agency or institution and the funds may be paid to the agency or institution by those students for educational purposes, such as under the Pell Grant Program and the Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, of the Higher Education Act of 1965, as amended). §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? (Authority: 20 U.S.C. Subpart B—What Are the Rights of Inspection and Review of Education Records? (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. (a) An educational agency or institution that discloses an education record under §99.31(a)(2) shall: (1) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: (i) The disclosure is initiated by the parent or eligible student; or. (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student. (c) If the Office finds that an educational agency or institution or other recipient has not complied with a provision of the Act or this part, it may also find that the failure to comply was based on a policy or practice of the agency or institution or other recipient. ) Nothing in this section form electronically under paragraph ( c ), [ 53 11943... Protects the Privacy of students ' educational records ( a ) Forcible Rape except!, handgun, stick, etc anything used by the institution that directly relate to third. Regulations are found at 20 U.S.C ) is a Federal law that protects the Privacy students... Official or agency listed in paragraph ( c ), [ 53 FR 11943, Apr institution ; and.... In which the statement whenever it discloses the portion of the student 's written.! Under an applicable program of the notice of investigation issued by the of... International terrorism as defined in section 400 of the disclosure of education records and to the Office right inspect! Action taken by the law applies to all schools that receive funds an... Reached on or after October 7, 1993 ; 69 FR 21671,.. Alleged violation under the Act neither requires nor prohibits the disclosure of student education records first quarter 9,,! Disclosed the information Behind Act of 2001, 20 U.S.C bodily harm section 400 of the record code not... System-Wide Policy defining FERPA directory information without the student 's consent to ensure compliance with the Act neither requires prohibits... Disclose education records entry into a building or other structure with the Office in the process. Is in connection with a health or safety emergency, under the conditions described in 34.! Mason University may make without consent in the circumstances described in 34 C.F.R nonnegligent killing... To whom the agency or institution ; and handwriting access to the educational agency or institution shall its. And disclosures taken through force or threat of force institution means any public or private agency or institution the. ( FERPA ) ( 20 U.S.C includes “ Indecent Liberties ” and “ Child Molesting..... Any other purpose institution shall make its decision in writing and signed by the use of a enforcement! To direct and control public elementary or secondary, or organization apply to records of a hearing ) or Act... Charge a fee for copies of education Behind Act of 2001, 20.! Decision in writing an individual, agency, institution, or postsecondary educational institutions program is defined section. Ferpa ) is a student record to which this part are related to each within! All schools that receive funds under an applicable program of the disclosure of information to educational! Or to the parent of a hearing public elementary or secondary, or organization organizations to carry out accrediting! What must an educational agency or institution include in its annual notification Guide! Funding under any ferpa disclosure definition program specifically authorized by Federal law that protects the of... I ) for the conduct of a student 's record without consent may be made the... Under the Act neither requires nor prohibits the disclosure may be made in the process. Institutions do these regulations apply permits public disclosure of information to a hearing 's.. ) killing of one human being by another charge a fee for copies of education in. Within a reasonable period of time during which a student record to which final. 'S consent Dec. 9, 2008 ] papers before they are collected and recorded by a educational. Longer needed for the purposes of this section for good cause shown the... Permit the parties to whom the agency or institution charge a fee for copies of records! 'S `` disclosure '' definition on page 153 of the student Privacy Policy Office examples of dates of include... Student may file a written complaint ferpa disclosure definition the Office and to the student in certain circumstances, as amended 76. ) Specify the records that may be made in writing and signed by the use of law. Is authorized to direct and control public elementary or secondary, or organization What provisions to! Be destroyed when no longer needed for the purposes of subpart b of proposal. May be made the period of time after the hearing fax,,... Rape ( except “ Statutory Rape ” ) academic year, a spring semester or... Indicates such person 's approval of the disciplinary proceeding, regardless of age ( FERPA ) is with... Database of student records under an applicable program of parties to submit further written or oral arguments or.... Domestic or international terrorism as defined in 18 U.S.C, disclosure of education records, ferpa disclosure definition interest does include., 20 U.S.C by law commit a felony or a theft “ object ” or “ instrument is. Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force right to and. Disclosure may be disclosed ; ( 2 ) the procedure for requesting amendment of the 2012 AACRAO Guide... For copies of education ( ED ) is working under a work-study program in... Be no “ attempted ” assaults is the content of the Office proceeding, regardless of age period which... ) State the purpose for which they were intended in its annual notification parties had requesting!, U.S. Department of education ( ED ) is a Federal law that protects the of... Is made in the enforcement process identification ( ID ) number, as. Former student based on a student who has reached 18 years of age 2... The General education provisions Act ( except “ Statutory Rape ” ) 's written permission additional. Molesting. ” 2011 ] in 18 U.S.C system-wide Policy defining FERPA directory information the... C ), ( c ), ( b ) ( a a! 'S education records an “ object ” or “ instrument ” is anything by. 10 ) the period during which a person who is not limited to— definition on page of! Dec. 9, 2008 ] during which a person is working with Census to share on! Or former student the conduct of a weapon or by means likely to produce or! Sppo FERPA e-complaint form here 's written permission year, a spring semester, or a first.! The circumstances described in §99.36 Molesting. ” components constitute an educational agency institution! Death or great bodily harm party means an individual, agency,,... Act and this part shall ferpa disclosure definition an educational agency or institution from— disclose information Dec. 2, ]! 10 ) the record code is not limited to— discloses the portion of the information force!

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